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National Legal Services Day – Celebration, Significance and Empowering Justice

PWOnlyIAS November 09, 2023 02:52 6624 0

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Context: National Legal Services Day is celebrated in India on November 9th every year.

National Legal Services Day – Celebration, Significance and Empowering Justice
  • Commemoration: The day commemorates the passing of the Legal Services Authorities Act on November 9, 1995. 
  • Objective: To make people aware of their legal rights and responsibilities.
  • Theme for 2023: Access to Justice for All: Empowering the Marginalized through Legal Awareness.
  • It was enacted by the Parliament of India to provide free and competent legal services to the weaker sections of society. 
    • The Act came into force on November 9, 1995.
  • Constitutional Basis: The Act was enacted by the parliament pursuant to Article 39-A of the Constitution of India.
    • Article 39-A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society, to promote justice on the basis of equal opportunity.
  • The Act’s objectives include:
    • Provide free legal services: to the weaker sections of society. 
    • Ensure equal access to justice: The act ensures that no citizen is denied opportunities for securing justice due to economic or other disabilities. 
    • Organize Lok Adalats: to facilitate amicable dispute resolution.
  • Types of legal services: The Act provides many types of legal services to the general public:
    • Free Legal Awareness: Promoting awareness of laws and government schemes among the public, with legal camps and aid centers for advice and grievance redressal.
    • Free Legal Aid Counsel: Providing legal representation to individuals who cannot afford private lawyers, ensuring access to justice for those in need.
    • Lok Adalats: Organizing alternative dispute resolution mechanisms, such as Lok Adalats, to efficiently and amicably resolve various disputes.
  • Eligibility criteria for free legal aid: The following are the people eligible for free legal aid under Section 12 of the Act:
    • A member of a Scheduled Caste or Scheduled Tribe.
    • A victim of trafficking in human beings or beggars as referred to in Article 23 of the Constitution.
    • A woman or a child.
    • A person with a disability as defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
    • A person under circumstances of undeserved want, such as a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or industrial disaster.
    • An industrial workman.
    • A person in custody, including custody in a protective home, juvenile home, or psychiatric hospital.
    • A person with an annual income less than the prescribed threshold set by the State Government for cases before courts other than the Supreme Court, or by the Central Government for cases before the Supreme Court.
  • Structural Organizations under the Act:
National Legal Services Authority (NALSA)
  • Under Section 4 of the Act, NALSA has been established.
  • Composition:
    • It is headed by the Chief Justice of India, patron-in-chief. 
    • The executive chairman of the organization is a retired or serving judge of the Supreme Court of India. 
    • The nominees are selected by the president after consultation with the Chief Justice of India.
  • Main responsibilities of NALSA:
    • Promotion of Legal Aid: NALSA conducts legal aid camps in slums, rural areas, and labor colonies to provide legal assistance and raise awareness about people’s rights.
    • Education and Outreach: NALSA plays a crucial role in educating people in disadvantaged areas about their legal rights and needs.
    • Lok Adalats: NALSA forms Lok Adalats (people’s courts) to help settle disputes among individuals in a fair and efficient manner.
    • Dispute Resolution: The organization employs methods such as arbitration, mediation, and conciliation to resolve disputes.
    • Grant Aid: NALSA offers grant aid to institutions that provide social services to marginalized communities.
    • Research Activities: Research is conducted to enhance legal services for the underprivileged.
    • Promoting Fundamental Duties: NALSA encourages citizens to fulfill their fundamental duties.
State Legal Services Authority
  • Each state has a legal service authority, which provides free legal advice to those who cannot afford it.
  • Composition:
    • The respective High Court’s chief justices serve as patrons-in-chief. 
    • These bodies are supervised by an executive chairman who is a retired or serving judge.
    • A high court legal service committee is usually formed by the state authority. This body is headed by a sitting High Court judge, who is the chairman and is administered by the Chief Justice of the respective High Court.

 

  • Lok Adalat under Legal Services Authority Act, 1987:
    • Section 19 of the Act provides for the establishment of Lok Adalats.
    • Lok Adalats serve as an alternate dispute resolution system. 
    • Purpose: to settle cases that are pending or that have not been heard in the courts. 
    • Composition: It consists of judicial officers or an authorized person under the jurisdiction of the state, central government, or local government.
    • Functions of Lok Adalat:
      • Lok Adalat members should be impartial and fair to the parties.
      • Lok Adalat is responsible for handling pending cases in court. In the case of a Lok Adalat settlement, the court fee paid to the court on the petition will be reimbursed
      • When filing a dispute with Lok Adalat, you do not have to pay a court fee.
    • Types of Lok Adalat:
      • National Level Lok Adalat: Regularly held at the Supreme Court and taluk levels, disposing of thousands of cases monthly.
      • Permanent Lok Adalat: Settles disputes related to public utilities such as transport, telegraph, and postal services with a mandatory pre-litigation mechanism.
      • Mobile Lok Adalat: Travels to different locations to settle disputes.
      • Mega Lok Adalat: An ad hoc body constituted at the state level on a single day, addressing cases in all courts.
      • Daily Lok Adalat: Held on a daily basis.
      • Continuous Lok Adalat: Operates continuously for a specific number of days to settle cases efficiently and promptly.
    • Jurisdiction of Lok Adalats:
      • Lok Adalats fall under the jurisdiction of the courts which organize them; thus, they cover any cases heard by that Court under its jurisdiction.
      • This jurisdiction does not apply to cases regarding offences which are not compoundable by law and the Lok Adalats cannot resolve these cases.
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National Legal Services Day FAQs

National Legal Services Day is observed in India on November 9th each year to commemorate the enactment of the Legal Services Authorities Act, 1987, aimed at promoting legal awareness and providing free legal aid to the marginalized.

The theme for 2023 is "Access to Justice for All: Empowering the Marginalized through Legal Awareness."

The Act's objective is to provide free and competent legal services to the weaker sections of society, ensuring equal access to justice.

Those eligible for free legal aid include members of Scheduled Castes or Scheduled Tribes, victims of trafficking, women, children, persons with disabilities, individuals in underserved circumstances, industrial workers, those in custody, and those with an annual income below prescribed threshold.

NALSA is headed by the Chief Justice of India as the patron-in-chief, with the executive chairman being a retired or serving Supreme Court judge, and nominees selected by the president after consulting the Chief Justice of India.

NALSA is responsible for promoting legal aid, legal awareness, organizing Lok Adalats, conducting research, and ensuring citizens fulfill their fundamental duties.

Lok Adalats operate within the jurisdiction of the courts that organize them and can handle cases under the jurisdiction of those courts, excluding cases not compoundable by law.

The Act is enacted pursuant to Article 39-A of the Constitution of India, which provides for free legal aid to the poor and weaker sections of society to promote justice based on equal opportunity.

National Legal Services Day is significant as it highlights the commitment to providing legal aid and promoting legal awareness, particularly for the marginalized sections of society.

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